Patna High CourtCR. MISC./66423/2023bail granted

Krishna Yadav v. The State Of Bihar

2023-10-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66423 of 2023 Arising Out of PS. Case No.-318 Year-2023 Thana- DUMRAO District- Buxar ====================================================== KRISHNA YADAV son of Jitendra Singh Village- Bahuara Ps- Rajpur DistBuxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Dumraon (Naya Bhojpur) P.S. Case no.318 of 2023 registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a) and (b), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that on secret information having been received about the accused persons having gathered, a raid was conducted. Out of the six named accused persons including the petitioner herein, on their making an attempt to escape, three of the accused including the petitioner were caught. A loaded country made pistol was recovered from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.66423 of 2023(2) dt.16-10-2023 2/2 that the petitioner has been falsely implicated in the case. He was arrested under a misunderstanding. No incriminating article has been recovered from his possession. He is in custody since 27.7.2023 and has no criminal antecedent.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR together with the petitioner having remained in custody since 27.7.2023 and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Dumraon (Naya Bhojpur) P.S. Case no.318 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar. (Partha Sarthy, J) Shiv/- U T